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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Jasjit Singh Bedi, J.
Mandeep Singh - Petitioner - Appellant
Versus
State of Punjab - Respondent - Respondent
CRM-M-13193 of 2023
Decided On : 21-03-2023
Bail - Criminal Law - The court granted bail to the petitioner, who was charged under Sections 489-C IPC and Section 25 of the Arms Act, 1959, based on the consideration that the petitioner was a first-time offender, in custody for a significant period, and only one out of seven prosecution witnesses had been examined so far.
Fact of the Case:
The petitioner was arrested for possession of fake Indian currency and an illegal weapon based on secret information received by the police during patrolling duty. Substantial counterfeit currency notes were recovered from the petitioner's possession.
Finding of the Court:
The court found that the petitioner, being a first-time offender and with the trial not likely to conclude soon, did not require further incarceration. Therefore, the petition for bail was allowed, and the petitioner was ordered to be released on bail with certain conditions.
Issues: The main issue was whether the petitioner should be granted bail considering the nature of the allegations, recoveries, and the stage of the trial.
Ratio Decidendi: The court considered the petitioner's status as a first-time offender, the length of time in custody, and the early stage of the trial as factors justifying the grant of bail.
Final Decision: The petition for bail was allowed, and the petitioner was ordered to be released on bail with specific conditions, including regular appearance before the police station and the deposit of a financial security.
JASJIT SINGH BEDI, J.
The Prayer in this petition under Section 439 Cr.PC is for the grant of regular bail in case FIR No.201 dated 12.08.2022 under Sections 489-C IPC and Section 25 of the Arms Act, 1959 (Section 489-D IPC added later on) registered at Police Station Jamalpur, District Ludhiana.
2. The brief facts of the case are that while the police party was on patrolling duty secret information was received that Mandeep Singh @ Sunny (petitioner) had in his possession fake Indian Currency along with an illegal weapon. He was to supply the same to another person and if a raid was conducted, he could be arrested.
Based on the said information, the present FIR came to be registered. The petitioner was arrested and from his possession 298 counterfeit currency notes of denomination of 100 each, 181 counterfeit currency notes of denomination of 200 each and 64 counterfeit currency notes of denomination of 2000 each came to be recovered.
3. The Counsel for the petitioner contends that the recovery has been foisted upon the petitioner. The investigation stands completed and only one out of 07 prosecution witnesses had been examined so far. Since the petitioner was in custody since 12.08.2022 and was a first time offender, he could be granted the concession of bail.
4. The Counsel for the State on the other hand contends that the nature of allegations against the petitioner as also the recoveries effected from him did not entitle him to the grant of bail. He however, concedes that the petitioner is a first time offender, in custody since 12.08.2022 and only 01 out of 07 prosecution witnesses had been examined so far.
5. I have heard the learned counsel for the parties.
6. The veracity of the prosecution case against the petitioner shall be established during the course of trial. The petitioner is a first time offender. He is in custody since 12.08.2022 and only 01 out of 07 prosecution witnesses have been examined so far. Therefore, the Trial of the present case is not likely to be concluded any time soon. As such his further incarceration is not required.
7. Thus without commenting on the merits of the case, the present petition is allowed and the petitioner-Mandeep Singh son of Sh. Kulwinder Singh is ordered to be released on bail subject to his furnishing bail bonds and surety bonds to the satisfaction of learned CJM/Duty Magistrate, concerned.
8. The petitioner shall appear before the police station concerned on the first Monday of every month till the conclusion of the trial and inform in writing each time that he is not involved in any other crime other than the present case.
9. In addition, the petitioner (or anyone on his behalf) shall prepare an FDR in the sum of Rs.50,000/- and deposit the same with the Trial Court. The same would be liable to be forfeited as per law in case of the absence of the petitioner from trial without sufficient cause.
10. The petition stands disposed of.
Petition allowed.
AI
The decision to grant bail was influenced by the lack of criminal antecedents, no further recovery to be made, and the completion of the investigation.
The seriousness of the offence, the public interest, and the risk of the petitioner tampering with evidence or fleeing from justice were central to the court's decision.
The completion of investigation, delay in trial, and the compromise reached between the parties can be considered as grounds for granting bail in certain cases.
The court emphasized that the mere seriousness of the charges does not justify denial of bail when no evidence links the petitioner directly to the crime and investigation is complete.
Cruelty - Bail granted - Petitioner is in judicial custody charge-sheet has already been filed and as per prosecution no fake currency note has been recovered from him. As far as question of arrest o....
The right to a speedy trial under Article 21 of the Constitution of India can dilute the rigors of Section 37 of the NDPS Act, particularly in cases involving first-time offenders and prolonged custo....
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